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Commonwealth v. Ogrod12/30/2003
. at 93. Mr. Jones testified that the picture was of Mr. Felice. Id. Mr. Jones told the jury that he knew both Mr. Felice and Appellant. Id. at 92, 96. He said that he saw Mr. Felice walking around the neighborhood on July 13, 1988, the evening after the body of Barbara Jean was found. Id. at 94-95. He testified that Mr. Felice, who he claimed was 5'6" to 5'7" tall and weighed approximately 160 pounds, was walking around the neighborhood until late that night asking many questions about what happened to Barbara Jean and whether police had found her killer. Id. at 92, 94-95.
Counsel for Appellant then read the testimony of Detective Michael Duffy (Detective Duffy) from the portion of the first trial, which took place on October 27, 1993. Id. at 97. The transcript reflects that Detective Duffy testified that he was a homicide detective in July of 1988 and that on July 14, 1988 he showed a sketch of the suspect (that apparently did not resemble Appellant) to Mr. Massi (the car salesman who testified for the prosecution). N.T. 10/27/93 at 698-699. Detective Duffy stated that Mr. Massi had told him that the sketch was a good likeness and that the hairstyle was like the man he saw carrying the box. Id. at 699.
The last witness Appellant called was Detective David Ridgway (Detective Ridgway), who in 1988 and 1989 was employed by the Philadelphia Police Department as a detective in the Major Crimes Division. N.T. 10/4/96 at 99. Detective Ridgeway testified that he followed Mr. Felice for six months beginning in November 1988. Id. at 100, 112. On January 13, 1989, Detective Ridgway had followed Mr. Felice to the gymnasium at the Solis Cohen School. Id. at 100-101. Detective Ridgway told the jury that he then called Mr. Schectman, picked him up at his house, drove him to the school, and asked him to go inside the gym to see if he recognized anyone. Id. at 102. Mr. Schectman positively identified Mr. Felice as the man he saw carrying the television box. Id. at 103-104. On cross-examination by the prosecution, Detective Ridgway testified that Mr. Felice was never arrested with regard to the killing of Barbara Jean. Id. at 105.
Appellant did not testify at the second trial. However, counsel for Appellant, the prosecutor and Judge Stout conducted a colloquy of Appellant, who confirmed that he was satisfied with the assistance of his counsel. Id. at 119. Defense counsel asked Appellant whether his decision not to testify was of his own free will and whether anyone had forced him not to testify or promised him anything for declining to do so. Id. at 121. Appellant told the trial court that he had discussed the reasons for and against testifying with his counsel and that he agreed with the strategic decision not to testify. Id. at 120-122. Appellant explained that he helped defense counsel select the jury and that he and his attorney discussed the pros and cons of calling character witnesses and that he agreed with the strategic recommendation of his attorney that it would not be in the best interests of Appellant to call character witnesses. Id. at 117, 123. Appellant admitted that he was aware that his counsel had character witnesses available to testify in the event Appellant wanted such testimony and he agreed that he did not wish to call such witnesses. Id. at 123-124. Appellant stated that he was present for the proceedings and that he was not under any medication that would prevent him from understanding the events that had been transpiring at trial. Id. at 117. Appellant confirmed that he was not in any way dissatisfied with the performance of his counsel and that defense counsel did not force him to do anything against his will regarding the trial. Id. at 126.
The defense rested
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